William A. Kaplin, Barbara A. Lee, Neal H. Hutchens, Jacob H. Rooksby

The Law of Higher Education, Student Version (eBook, ePUB)

• Format: ePub

Produktbeschreibung

A single-volume text that distills information for students Based on the sixth edition of Kaplin and Lee's indispensable guide to the law that bears on the conduct of higher education, The Law of Higher Education, Sixth Edition: Student Version provides an up-to-date reference and guide for coursework in higher education law and programs preparing law students and higher education administrators for leadership roles. This student edition discusses the most significant areas of the law for college and university attorneys and administrators. Each chapter is introduced by a discussion of key terms and topics the students will encounter, and the book includes materials from the full sixth edition that are most relevant to student interests and classroom instruction. It also contains a "crosswalk" that keys sections of the Student Edition to counterpart sections of the two-volume treatise. * Complements the full version * Includes a glossary of legal terms and an appendix on how to read legal material for students without legal training * Discusses key terms in each chapter * Concentrates on key topics students will need to know This is fundamental reading for law students preparing for careers in higher education law and for graduate students in higher education administration programs.

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Produktdetails

• Verlag: John Wiley & Sons
• Seitenzahl: 1056
• Erscheinungstermin: 25. Februar 2020
• Englisch
• ISBN-13: 9781119271949
• Artikelnr.: 58820484

Autorenporträt

WILLIAM A. KAPLIN is professor of law emeritus at the Columbus School of Law, Catholic University of America, Washington, DC. BARBARA A. LEE is Senior Vice President for Academic Affairs and a Distinguished Professor of Human Resource Management, Rutgers University, New Brunswick, New Jersey. NEAL H. HUTCHENS is a Professor and Chair in the Department of Higher Education, School of Education at the University of Mississippi. JACOB H. ROOKSBY is Dean and Professor of Law at Gonzaga University School of Law, Spokane, Washington.

Inhaltsangabe

Notice to Instructors v

Notice of Website and Periodic Supplements for the Student Version vii

Crosswalk for the Student Version and The Law of Higher Education, Sixth Edition xix

Preface xxxi

Acknowledgments xxxix

The Authors xli

General Introduction: The Study of Higher Education Law xlv

A. The Universe of Education Law xlv

B. The Governance of Higher Education xlvii

C. Sources of Higher Education Law xlvii

D. The Legal Relationships within Institutions of Higher Education xlviii

E. The Law/Policy Distinction li

F. The U.S. Legal System As It Relates to Higher Education Law li

Part One Perspectives and Foundations 1

1 Overview of Higher Education Law 3

Section 1.1 How Far the Law Reaches and How Loudly It Speaks 3

Section 1.2 Evolution of Higher Education Law 9

Section 1.3 The Governance of Higher Education 11

1.3.1 Basic concepts and distinctions 11

1.3.2 Internal governance 13

1.3.3 External governance 15

Section 1.4 Sources of Higher Education Law 18

1.4.1 Overview 18

1.4.2 External sources of law 18

1.4.2.1 Federal and state constitutions 18

1.4.2.2 Statutes 19

1.4.2.3 Administrative rules and regulations 19

1.4.2.4 State common law 20

1.4.2.5 Foreign and international law 21

1.4.3 Internal sources of law 21

1.4.3.1 Institutional rules and regulations 21

1.4.3.2 Institutional contracts 22

1.4.3.3 Academic custom and usage 22

1.4.4 The role of case law 25

1.4.5 Researching case law 26

Section 1.5 The Public-Private Dichotomy 26

1.5.1 Overview 26

1.5.2 The state action doctrine 28

1.5.2.1 When private postsecondary institutions may be engaged in state action 28

1.5.2.2 When students, employees, and others may be engaged in state action 35

1.5.3 Other bases for legal rights in private institutions 38

Section 1.6 Religion and the Public-Private Dichotomy 40

1.6.1 Overview 40

1.6.2 Religious autonomy rights of religious institutions and their personnel 41

1.6.3 Government support for religious institutions and their students and faculty members 45

1.6.4 Religious autonomy rights of individuals in public postsecondary institutions 52

Section 1.7 The Relationship Between Law and Policy 56

2 Legal Planning and Dispute Resolution 61

Section 2.1 Legal Liability 61

2.1.1 Overview 61

2.1.2 Types of liability 62

2.1.3 Agency law 62

2.1.4 Enforcement mechanisms 63

2.1.5 Remedies for legal violations 64

2.1.6 Avoiding legal liability 64

2.1.7 Treatment law and preventive law 64

Section 2.2 Litigation in the Courts 66

2.2.1 Overview 66

2.2.2 Judicial (academic) deference 67

2.2.3 Managing litigation and the threat of litigation 73

Section 2.3 Alternative Dispute Resolution 74

2.3.1 Overview 74

2.3.2 Types of ADR 75

2.3.3 Applications to colleges and universities 78

Section 2.4 Institutional Management of Liability Risk 82

2.4.1 Overview and suggestions 82

2.4.2 Risk management strategies 83

2.4.3 Enterprise risk management 86

Part Two The College and Its Governing Board and Staff 87

3 The College's Authority and Liability 89

Section 3.1 The Question of Authority 89

3.1.1 Overview 89

3.1.2 Trustee authority 93